Filing a criminal suit against ex employee.
Tauseef
(Querist) 22 October 2010
This query is : Resolved
there was one Mr. Varghese working as a Manager – Projects with our company since last 4-5 years. He has recently resigned from the company just a month back.
After his resignation we have come to know about various discrepancies & misappropriations caused by the said person. Below are the few details.
• Varghese had close relations with our Labour contractor – M/s. Pawan Enterprises based in Bangalore..
• Pawan enterprises paid salary to employee @ 5500 – 6500 and claimed more than that from TUV (as per our contract Rs.8103 for Bnglr stationed inspectors) and his 12 % of service charges over and above the same. The salary used to be given to Varghese by Pawan for distribution to the inspectors.
• Pawan enterprises is deducting 25% as PF from employees
• Cash advances have been transferred from the personnel who have left TUV & now Varghese is claiming the same against expense sheets.
• Varghese has set up his own company in Bangalore by name Pioneer Inspection Services India Pvt. Ltd. Available copy of his visiting card with us . Also he has made 2 employees to resign from our end before his exit & joined them in his company.
• Any cash balance remaining with employee was asked to be given Varghese by himself. This he never returned back to the company.
• Pawan Enterprises has agreed in writing that he has paid @ Rs.1.50 L to Varghese for payment of Bonus to contracted employees working on TUV projects but the same has not been paid by Varghese & he has used this amount to pay the employees where he has taken away the project from us (Varroc , Duro-valves , Shakti)
• Varroc Engg and Durovalves customer has been already discontinued business with TUV and joined Varghese company. Both the customer has outstanding of INR 49.56 lacs.
• Varghese was spending the cost on tour from TUV for developing his own business for last nearly 3 months.
• Employee resigned but not relived by TUV, Such employees already working with Varghese company and getting salary from TUV.
• Varghese has submitted quite a few expense sheets to us prior to leaving. One of the expense sheets for preparing ID cards for our Fiat –Ranjangaon project is addressed to his own company Pioneer Inspection Services but his expense sheet he is claiming to us??
Now, We have to take a strong legal action against this person. Criminal action. WE WANT TO PUT HIM BEHIND THE BARS.
PLEASE SUGGEST YOUR VIEWS URGENTLY.
Awaiting your reply at earliest.
Devajyoti Barman
(Expert) 24 October 2010
First make a complaint to the Police and if thereafter the police fails and neglects to take any action then approach the court under section 156(3)
s.subramanian
(Expert) 24 October 2010
If the police do not take action file a petition u/s 482 CrpC before the High court to direct the police to register FIR and investigate.
